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<br />
<br />Phone: 336-600-2247
<br />Website: millerelevator.com
<br />PO Box 20052 Winston Salem, North Carolina 27120
<br />3
<br />Repair Agreement
<br />Terms and Conditions
<br />
<br />It is understood, in consideration of our performance of the service enumerated herein, that nothing in this
<br />agreement shall be construed to mean that Miller Elevator LLC assumes any liability on account of damages or
<br />injuries to persons or property, except those directly is and solely due to the negligent acts or omissions of
<br />Miller Elevator, LLC or its employees. You therefore, except as above stated, remain liable for all injuries to
<br />persons while riding on or about said elevators, irrespective of whether such injuries result from the use,
<br />operation, maintenance or condition of the elevators, hatchways or apparatuses, and agree to indemnify Miller
<br />Elevator, LLC. and save it harmless from all claims, demands, judgments, awards, liabilities and costs on account
<br />of any such injuries, Miller Elevator, LLC. shall not be held responsible or liable for any loss, damage, detention
<br />or delay caused by fire, flood, labor troubles, strikes, lockouts, acts of civil or military authorities, or by
<br />insurrection or riot or by any other cause which is unavoidable or beyond its control. No work, service,
<br />examinations or liability on the part of Miller, LLC, other than that specifically mentioned herein is included or
<br />intended.
<br />
<br />Under no circumstances shall Miller Elevator, LLC. be liable for any special, indirect or consequential damages of
<br />any kind including, but not limited to, loss of profit, loss of good will, loss of business opportunity, additional
<br />financing cost, or loss of use of any equipment or property, whether in contract, in tort (including negligence), in
<br />warranty or otherwise. Your remedies set forth herein are exclusive and our liability with respect to any contract,
<br />or anything done in connection therewith such as performance or breach thereof, or from the manufacture, sale,
<br />delivery, installation, repair or use of any equipment furnished under this contract, whether in contract, in tort
<br />(including negligence), in warranty or otherwise, shall not exceed the price for the equipment or services
<br />rendered.
<br />
<br />This order shall constitute the entire agreement for the service described and all prior representations whether
<br />written or verbal are merged herein. In the event of any default by you in any payment, or any other provision
<br />of this contract, the unpaid balance of the purchase price, less the cost of completing the work, as estimated by
<br />us, shall immediately become due and payable irrespective of the acceptance by us of notes from you or
<br />extension of time for payment. In the event an attorney is engaged to enforce and collect payment due,
<br />hereunder either with or without suit, Purchaser agrees to pay all costs thereof together with reasonable
<br />attorney’s fees. Purchaser does hereby waive trial by jury and does hereby consent to the venue of any
<br />proceeding or lawsuit under this agreement to be in the County of Horry and State of North Carolina.
<br />
<br />Title to any material to be furnished hereunder shall pass to you when final payment for such material is
<br />received. In addition, we shall retain a security interest in all material furnished hereunder and not paid for in
<br />full. You agree that a copy of this Agreement may be used as a financing statement for the purpose of placing
<br />upon public record our interest in any material furnished hereunder, and you agree to execute a UCC-1 form or
<br />any other document reasonably requested by us for that purpose.
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<br />Docusign Envelope ID: 33E0269F-97F2-4F9D-9CBB-05DB5461D165
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